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GARCIA v. SUPERIOR COURT

Docket No. S004813.

50 Cal.3d 728 (1990)

789 P.2d 960

268 Cal. Rptr. 779

ADRIAN BERNARDO GARCIA, JR., et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE STATE OF CALIFORNIA et al., Real Parties in Interest.

Supreme Court of California.

May 3, 1990.

Attorney(s) appearing for the Case

COUNSEL

Garry, McTernan, Stender, Walsh & Schwartzbach, McTernan, Stender, Walsh & Schwartzbach, McTernan, Stender & Walsh, Cliff Weingus and Brian C. Walsh for Petitioners.

No appearance for Respondent.

John K. Van de Kamp, Attorney General, Marvin Goldsmith, Assistant Attorney General, Tyler Pon and Wayman M. Robertson, Jr., Deputy Attorneys General, for Real Parties in Interest.

Gerrit Jan Buddingh and Jacqueline A. Campbell as Amici Curiae on behalf of Real Parties in Interest.

OPINION

PANELLI, J.

Napoleon Johnson, Jr., a convicted murderer on parole, kidnapped and killed Grace Morales. Plaintiffs, the victim's children, have sued the State of California (State) and Johnson's parole officer for wrongful death and violation of the Civil Rights Act of 1871. (42 U.S.C. § 1983.) In their first amended complaint, plaintiffs alleged that the parole officer, Michael Ybarra, knew that Johnson had threatened...

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